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Hearing video

ZBA Hearing - July 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 21, 20215h 54m

so as you can see from the elevation we're uh we're lower than the adjacent historic structure

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that was um part of the design intent as well as um you know in discussions with the historic board

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their their desire as well so we're well under the required uh 38 foot right it looks as though the

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height indicated on page 33 is the 68 proposed structure will be 29 feet correct uh almost 30

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feet 29 foot 11 29 feet 11 inches and there's no roof deck proposed correct um the uh i don't know

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i don't have any further questions for mr karakoff i don't know if the board does

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you know do you need anyone to adopt your testimony well i'm going to ask mr karakoff

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to do that i mean i'm mr uh ushefsky to do that now mr ushefsky is sitting here to my right

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would you please give your name spell it how you doing uh steve first name last name ushefsky

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o-l-s-z-e-w-s-k-i we're affirmed to tell the truth the whole truth nothing but the truth

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yes sir thank you mr o'brien thank you are you the managing are you a managing member of 6830-32

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ridge partners yes okay did you hear my testimony earlier today during this hearing and you believe

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it to be correct and accurate i do yes and you adopt it as your own as an officer of the company

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i do yes thank you any questions from the board no no anyone else to testify in this case if so

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please raise your hand oh hands at this time chair thank you planning commission thank you chair

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nicole ozdemir for city planning staff while the comprehensive plan recommends no change to the

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existing single-family residential zoning at this location. The overall goals in this section of

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Roxborough are to direct mixed-use development along Ridge Avenue. Additionally, the proposed

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use does not greatly increase the existing non-conformity of the site nor alter the

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essential character of the neighborhood since the existing use that is proposed to be demolished is

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a non-conforming commercial use and the adjacent buildings are three-story with multiple dwelling

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units accordingly we recommend that the requested variants be granted thank you very much MI 2021-001

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725 6830 Ridge Avenue my vote is yes my vote is yes my vote is yes

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it is now 4 11 we'll come back here at uh 4 25.

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this concludes the two o'clock list

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is there any unfinished business

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on the two o'clock list

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no hands chair

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okay see everyone back at 425

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thank you

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Okay.

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Let's see, Jim, Tom, Sharon.

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All right, it's 425. I believe the board members are all here. John Kelly, court reporter, you

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available? I am, sir. Okay, just want to make sure you're on. Jim is on. Tom, sir. Okay, Pauline,

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we're ready to go. Okay, we are all set, sir. You can go whenever you're ready. You and LaKeisha,

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we'll wait to hear from you. You're good to go chair. Thank you very much. Good afternoon everyone

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my name is Frank DiCicco I'm the chair of the zoning board of adjustment. I'll be participating

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in today's hearing along with our board members Mr. Thomas Holloman and Mr. James Snell.

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Our board administrator Lakeisha Dandy and our board attorney Ms. Sharon Saleta are also in

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attendance. For those of you who haven't yet participated in one of our virtual hearings

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I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded

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and that by participating, you acknowledge your agreement to be recorded

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and that the recording will be made available to the public on the web or otherwise.

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Third, for anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star nine and then star six to unmute yourself. I'll repeat.

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For anyone participating by phone, if you wish to testify, you must raise your hand by hitting

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star nine and then star six to unmute yourself. Finally, to enter an appearance statement,

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call Google 267-270-5548 and leave your email address and the address of the property at issue.

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i'll repeat that also to enter an appearance statement call google 267-270-5548 and leave

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your email address and the address of the property at issue and i'd also like to remind everyone

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and the address of the property at issue and i'd also like to remind everyone please do not attempt

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please do

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to chat testify in the chat any questions and or comments should be directed to miss dandy

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our board administrator having said that i will read off a list of 330 list of cases to be

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continued number two on our list mi 2020 dash 000214 1825 east pacific street that is the only

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request we have as of now for a continuance does anyone object to that case being that case being

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continue. No hands, Chair. Thank you. I will now ask if anyone would like to request a

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continuance or withdrawal, so please raise your hand. If you're requesting a continuance or

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withdrawal, at this time, please raise your hand. No hands, Chair. Thank you. With that, I'll begin

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with the first case on our list. MI 2021-001273, 1703 North 29th Street. There's a letter of

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support from the 24th Democratic Ward with a proviso. Anyone here for 1703 North 29th Street?

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they're coming in now as a panelist you

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hello good afternoon uh chair carrie days passed on behalf of the applicant

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would you please spell your full name i'll swear you win

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Sure.

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Carrie, C-A-R-R-I-E, last name Nase, N-A-S-E, Paust, P-O-U-S-T.

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Do you swear, Affirm, to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you.

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Please proceed.

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Oh, I have some questions for you.

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I'm sorry.

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Do you agree to waive and stipulate to the accuracy of this application?

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I do with one caveat.

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i'd like to uh confirm we did have a revised notice of refusal and just want to make sure that

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you have that revised refusal which is for multi-family this is sharon we do have that

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revised refusal and should the board approve the um application it will there will be a reference

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to it and it provides us thank you okay also stipulating okay uh have you emailed an exhibit

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packet with the required documents including proof of ownership proof of tax compliance a copy of

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the refusal or referral and photos and or plans of the property five days in advance of this hearing

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and also have you met with the rco and do you have a letter yes i did thank you you may proceed

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great one moment while i share my screen

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Can you now see my screen? Yes. Okay, great. Good afternoon. My name is Carrie Nace-Poust. I'm an attorney with the law firm of Fox Rothschild, address 2700 Kelly Road, Suite 300, Warrington, PA, 18976.

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here this afternoon on behalf of the owner and applicant of the property, Spencer Flood,

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who is also on the call this afternoon. This property is located at 1703 North 29th Street.

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It is, here's an aerial. As you can see, it's located on North 29th Street near the intersection

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of Cecil B. Moore. It is located in the RSA 5 zoning district. Mr. Flood purchased this property

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back in February 2016, at which time and since that time it has remained vacant and was in fact

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vacant for numerous years prior to that. This property was previously used for a check cashing

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facility on the first floor, with residential units on the upper two floors, the second and

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third floor. In front of you here is a photograph. This is the property in question. It's the

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tannish color here. You can see here's the check cashing facility I referenced. This was a

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residential and up top was residential as well. Originally, my client was proposing to use this

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property for a personal service facility on the first floor with residential on the second and

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third, trying to keep with the prior use of the property. We did meet.

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trying to keep with the prior use of the property.

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We did meet with the RCO on May 24th.

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When we reviewed the proposal with them,

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they were not supportive of the personal service use

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on the first floor.

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And in response to that,

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my client did have a meeting

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with some of the community members

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and to discuss other possibilities.

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Based on the results of that meeting,

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my client did revise the proposal to eliminate the personal service facility on the first floor

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and change that to a residential unit. At this time, we are now proposing,

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let me just zoom out a little so you can see this.

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So what we are proposing is that a one residential unit be proposed on each floor

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for a total of three residential units this floor plan here you'll see there would be a kitchen in

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the front a living area bathroom and then the bedroom in the in the rear here would just be a

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one bedroom apartment we also are proposing to redevelop or renovate the facade of the building

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previously we were proposing a different type of material the community group asked that we revise

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the facade and keep it brick in keeping with the character of the surrounding area so we are now

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proposing to renovate the facade again this is the property hearing in question

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we did meet again with the community group once we revised our application we received

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an updated refusal for multi-family to allow the three residential units we met again with

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the RCO at a public meeting on July 12. Based on that meeting, they were very supportive of the

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changes that were being made and did issue a letter of support, which is included in your packet

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at exhibit 15. We believe that this use is in keeping with the character of the community

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and are here this afternoon to request that the Zoning Board of Adjustment grant a variance to

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allow the multifamily use, which is not otherwise permitted in this district. If I may, I would like

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to call Mr. Flood. Ms. Faust, I'm sorry, Ms. Paust. The letter from the RCO indicates community

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input sanitation plan what could you explain what that is uh with all due respect that was not

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something that was discussed during our meeting um so i am not certain in terms of what sanitation

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plan i do believe somebody from the rco may be here they indicated that they would attend the

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meeting uh so i would certainly welcome an opportunity for them to to answer that question

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chairman be able to answer where the trash would be stored for each unit oh i'm sorry you just

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want to know where the trash would be stored okay well i figured that was a sanitation plan that's

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why i was i assumed so let's see so if you look here let me see i'm just trying to see where it

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would be um if mr flood could raise his hand he is mr flood please identify yourself spell your

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full name and i'll swear you in uh my name is spencer flood s-p-e-n-s-e-r uh f-l-o-o-d

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where from to tell the truth the whole truth nothing but the truth i do okay maybe you can

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answer that question that i had for miss paus where the trash will be stored um i believe uh

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the trash will be stored i actually haven't thought of that um like initially uh but i

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I assume there's going to be a receptacle on the side of the building to the left of the building.

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And that's where we are going to have the trash for the three units that will be taken outside on the Friday, on that Friday.

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All right. Thank you.

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Okay. Ms. Pals?

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Great. Thank you.

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Mr. Flood, were you here during the presentation I had given to the board?

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Yes, I was.

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And do you agree with the statements that I made, and to your belief, are they true and accurate?

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Yes.

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And would you agree to accept such statements as your own had you provided testimony this afternoon?

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Yes.

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I have no further questions or witnesses at this time.

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Thank you. Any questions from the board?

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No.

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Would anyone else like to testify in this case? If so, please raise your hand.

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Yes, Chair, we have a call-in user, and then 0486, call-in user, you can now unmute yourself.

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Yes, Chair, we have a call end user and then an 048.

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Call-in user, would you please identify yourself, spell your full name.

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This is Louise Branch, L-O-U-I-S-E, last name B-R-A-N-C-H, as in a tree.

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I am the block captain and also the committee person for the 32nd 30.

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thank you miss branch you swear for him to tell the truth the whole truth nothing but the truth

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yes i do thank you ma'am please proceed i just want to say that i am in support of mr flood

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coming into our neighborhood with his three apartments as far as his trash is concerned

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he and i will discuss that later um to make sure that he's in compliance and i've met with him

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and he seems to be a very reasonable young man and I'm looking forward to having him in my

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neighborhood and and and able to support what's going on in our neighborhood thank you for your

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testimony anyone else to testify in this case no other hand share thank you planning commission

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This is Ron Bednar, R-O-N-B-E-D-N-A-R. I'm with the City Planning Commission.

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Do you have a firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you, Ron.

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So this property is indicated for residential use on the city plan based on the revised application.

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We recommend that the request of variance be granted.

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Thank you. MI 2021-001-273-1703 North 29th Street,

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my vote is yes with the proviso and correct me from wrong the proviso as per amended application

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zp 2021-002095 is that accurate it is thank you

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yes for proviso yes for proviso thank you gentlemen okay number three on our list

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